Re-establishment and Employment Regulations (Amendment)

Legislation au C1949L00104 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1949. No. 104.

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REGULATIONS UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Re-establishment and Employment Act 1945.

Dated this thirtieth day of November, 1949.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Post-war Reconstruction.

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Amendment of the Re-establishment and Employment Regulations.†

After regulation 26 of the Re-establishment and Employment Regulations the following regulations are inserted:—

Definitions.

“27. Section four of the Principal Act is amended by adding at the end thereof the following sub-section:—

‘(3.) Where a person—

(a) was appointed or enlisted, on or before the thirtieth day of June, One thousand nine hundred and forty-seven, for service in a part of the Defence Force which was raised in time of war for war service, or enlisted, on or before that date, solely for service in time of war or for service during that time and a definite period thereafter; or

(b) enlisted in the Permanent Forces after the thirtieth day of June, One thousand nine hundred and thirty-seven, and before the first day of October, One thousand nine hundred and forty, for a definite period not exceeding twelve years,

and his service was not terminated before the thirtieth day of June, One thousand nine hundred and forty-nine, he shall, for the purposes of Divisions 1 and 3 of Part II., Part IV. and Divisions 2, 3 and 4 of Part VI. of this Act, be deemed to have ceased to be engaged on war service on the last-mentioned date.’.

 

* Notified in the Commonwealth Gazette on , 1949.

† Statutory Rules 1945, No. 181, as amended by Statutory Rules, 1946, Nos. 14, 57, 85, 130, 165 and 177; 1947, Nos. 12, 52, 87 and 100; 1948, Nos. 9. 57 and 73; 1949, No. 72.

4697—Price 3d. 9/15.11.1949.


“28. Section five of the Principal Act is amended by adding at the end thereof the following sub-section:—

Extension of certain provisions of Act to members of Dominion, &c. Force.

‘(2.) The regulations may amend, vary, limit or modify the application of any of the provisions of this Act in their application to persons referred to in the last preceding sub-section.’.

Provision for training facilities.

“29. Section fifty of the Principal Act is amended by inserting after sub-section (5.) the following sub-section:—

‘(5a.) Subject to such limitations (if any) as are prescribed, where the prescribed authority is satisfied that a person who has obtained a loan under the last preceding sub-section is unable to repay the amount of the loan or any interest thereon, or that for any other reason the amount of the loan or any part thereof, or any interest thereon, should be written off, the prescribed authority may write off that amount or interest accordingly.’.

“30. After section fifty-four of the Principal Act the following section is inserted in Part III.:—

Certain persons excluded from application of Division.

‘54a. The provisions of sections fifty to fifty-four of this Act shall not apply to, or in relation to, a person who ceases to be engaged on war service after the thirtieth day of June, One thousand nine hundred and forty-nine.’.

“31. After section sixty-two of the Principal Act the following section is inserted in Part IV.:—

Certain persons excluded from application of Division.

‘62a. The provisions of sections fifty-five to sixty-two of this Act shall not apply to, or in relation to, a person who ceases to be engaged on war service after the thirtieth day of June, One thousand nine hundred and forty-nine.’.

Re-employment allowance for discharged members of the Forces.

“32. Section seventy-two of the Principal Act is amended by inserting in paragraph (a), after the word ‘discharged’ (wherever occurring) the words ‘not later than the thirtieth day of June, One thousand nine hundred and forty-nine,’.

Conditions to be complied with by applicants.

“33. Section ninety-six of the Principal Act is amended—

(a) by inserting in sub-paragraph (i) of paragraph (a) of sub-section (1.), after the word ‘date’ (second occurring), the words ‘, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine,’; and

(b) by inserting in sub-paragraph (ii) of that paragraph, after the word ‘date’ (second occurring), the words ‘, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine,’.

Loan in respect of further period of service.

“34. Section ninety-six a of the Principal Act is amended by inserting after the word ‘service’ (second occurring) the words ‘, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine’.


Definitions.

“35. Section one hundred of the Principal Act is amended by inserting after the word ‘Division,’ (first occurring) the words ‘“adult dependant” and “child” have the same respective meanings as in Division 2 of this Part and ’.

Business re-establishment allowance.

“36.—(1.) Section one hundred and one of the Principal Act is amended by adding at the end thereof the following sub-section:—

‘(4.) Notwithstanding anything contained in the last preceding sub-section, the amount of any war pension payable to a person or a dependant of that person under the Australian Soldiers’ Repatriation Act 1920-1947 shall be deemed not to be income for the purposes of that sub-section.’.

“(2.) This regulation shall be deemed to have come into operation on the first day of July, 1948.

Rate of business re-establishment allowances.

“37.—(1.) Section one hundred and one a of the Principal Act is amended—

(a) by omitting from sub-section (1.) the word ‘be’ and inserting in its stead the words ‘not exceed’;

(b) by omitting from paragraph (a) of that sub-section the words ‘Two pounds fifteen shillings’ and inserting in their stead the words ‘Three pounds’;

(c) by omitting from paragraph (b) of that sub-section the words ‘Two pounds fifteen shillings’ and inserting in their stead the words ‘Three pounds’;

(d) by inserting in paragraph (c) of that sub-section, before the word ‘partially’, the word ‘only’;

(e) by inserting in paragraph (b) of sub-section (2.), after the word ‘aggregate’, the words ‘in respect of dependent children’; and

(f) by omitting from sub-section (3.) the words ‘be as prescribed’ and inserting in their stead the words ‘not exceed the amount which that person would have received if he had been in receipt of an allowance’.

“(2.) The amendments effected by paragraphs (b) and (c) of the last preceding sub-regulation shall be deemed to have come into operation on the twenty-eighth day of October, 1948.

“38. After section one hundred and two of the Principal Act the following section is inserted in Division 4 of Part VI.:—

Time within which application to be made.

‘102b. A business re-establishment allowance shall not be payable under this Division by a prescribed authority unless an application for the allowance is made—

(a) within five years after the cessation of hostilities in all the wars in which His Majesty was engaged at the date of commencement of this Division, the date, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine, on which the applicant ceased to be engaged on war service, or the date of the termination or completion of any training which the applicant received under Part III. of this Act, whichever is the latest; or


(b) where the applicant is a widow—within five years after the cessation of hostilities in all the wars in which His Majesty was engaged at the date of commencement of this Division, the date, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine, on which the applicant’s husband ceased to be engaged on war service, or the date of the termination or completion of any training which the applicant’s husband received under Part III. of this Act, whichever is the latest.’.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Re-establishment and Employment Regulations 1949 were made under the Re-establishment and Employment Act 1945 by the Governor-General, acting on the advice of the Federal Executive Council. This legislation was introduced to address the need to provide comprehensive support to Australian servicemen and servicewomen who had served in World War II and were transitioning back into civilian life. The policy objective was to ensure that these individuals received the necessary assistance and benefits for their re-establishment in employment and civilian life, including financial support, training, and other forms of aid. The Regulations amend and supplement the original Act by introducing various provisions, such as defining who is eligible for re-establishment benefits, setting conditions for the application of these benefits, and modifying the rates of allowances to better reflect the current economic conditions.

Scope and Application

The Re-establishment and Employment Regulations 1949, made under the Re-establishment and Employment Act 1945, apply to individuals who were involved in war service, specifically those who were appointed or enlisted before 30 June 1947 for war service or enlisted in the Permanent Forces between 1 July 1937 and 30 September 1940 for a period not exceeding twelve years, with their service not terminated before 30 June 1949. The regulations extend to persons involved in war service who were members of the Defence Force or the Dominion Forces and provide provisions for their re-establishment and employment. However, certain provisions of the Act do not apply to individuals who ceased war service after 30 June 1949. The scope of these regulations is national, applying across the Commonwealth of Australia. The regulations may be amended, varied, limited, or modified through subordinate instruments, extending or restricting their application as necessary.

Key Provisions

The Regulations under the Re-establishment and Employment Act 1945 (No. 104 of 1949) introduce several amendments to the Re-establishment and Employment Act. These amendments primarily focus on defining certain terms, extending the application of specific provisions, providing for training facilities, excluding certain individuals from certain applications of the Act, and setting conditions for re-employment allowances and business re-establishment allowances. Section 27 amends the definition of "war service" to include individuals who were appointed or enlisted before 30 June 1947 or who enlisted after 30 June 1937 but before 1 October 1940 for a period not exceeding twelve years, provided their service did not terminate before 30 June 1949. Section 28 allows the regulations to modify the application of the Act to members of the Dominion and other forces. Section 29 provides that prescribed authorities may write off loans if the borrower is unable to repay them or if other reasons warrant such action. Section 30 and Section 31 exclude individuals who ceased war service after 30 June 1949 from certain provisions of the Act. Section 32 modifies the re-employment allowance for discharged members of the forces to apply only to those discharged by 30 June 1949. Section 33 specifies conditions for applicants, including time limits for applications, which must be made by 30 June 1949. Section 34 allows for loans in respect of further periods of service, also limited to those before 30 June 1949. Section 35 amends the definitions in the Act to include "adult dependant" and "child" with specific meanings. Section 36 ensures that war pensions are not considered income for business re-establishment allowance purposes. Section 37 adjusts the rate of business re-establishment allowances, setting the maximum amounts to three pounds for various categories and ensuring that the allowance does not exceed what the individual would have received if they had been in receipt of an allowance. Section 38 mandates that applications for business re-establishment allowances must be made within five years of the cessation of hostilities or the date of termination of training, whichever is later, and not later than 30 June 1949. These Regulations impose specific obligations on the parties they govern. They require that individuals who meet certain criteria related to their service dates and status be included or excluded from various provisions of the Act. They also mandate that prescribed authorities have the authority to write off loans under specified conditions and that applications for allowances must be made within strict timeframes. Additionally, the Regulations require that war pensions not be considered when calculating business re-establishment allowances and that the rates of these allowances be adjusted as specified. Failure to comply with these Regulations can result in civil consequences. For instance, not adhering to the application deadlines or not meeting the eligibility criteria as defined in the Regulations could result in the denial of benefits such as re-employment allowances or business re-establishment allowances. While the Regulations do not explicitly outline criminal penalties, non-compliance with statutory requirements could potentially lead to legal actions or other administrative consequences as deemed appropriate by the relevant authorities.

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